North Carolina Injury Lawyer Blog

The family of Emily Elizabeth May, a Raleigh, North Carolina resident who died in a DWI auto crash last year, is suing the city of Fayetteville, Emily's friend Danielle Polumbo, ACS State & Local Solutions Inc., Carolina Hospitality of Florida, Fayetteville Miyabi Inc., and Linden resident Brandi Reaves for wrongful death.

May died on May 17, 2007 while riding in a vehicle driven by Polumbo. According to the North Carolina wrongful death lawsuit, the two girls had dinner at Miyabi Kyoto Japanese Steak and Seafood House before proceeding to Secrets Cabaret. Carolina Hospitality owns the nightclub. Polumbo drank alcohol at both spots, even though she was just 20-years-old. The lawsuit alleges that at the club, Reaves, who knew Polumbo, served her a number of drinks.

Soon after leaving the nightclub, Polumbo ran into the red-light camera pole, which is run by ACS and the city of Fayetteville. The camera dropped onto the car and struck May.

May's family alleges that mounting the camera, which weighed several hundred pounds, on a pole that was designed to “break away” when impacted created an unsafe condition that placed drivers and others on Bragg Boulevard at risk of serious personal injury during a motor vehicle accident.

After the accident, Polumbo’s blood-alcohol level registered at .17%, which is more than double the .08% drunk driving limit. Earlier this year, she pled guilty to reckless driving, DWI, driving after consuming alcohol while under the age of 21, and felony death by vehicle. She was sentenced to 30 days in jail and three years probation.

May’s family is asking for over $10,000 in wrongful death-related damages.

Catastrophic motor vehicle accidents can be complex injury or wrongful death cases that require the skills and knowledge of an experienced North Carolina wrongful death lawyer. In certain instances, more than one negligent party may have contributed to causing the deadly accident. Our North Carolina wrongful death lawyers know how to prove liability so that we can claim damages from all responsible parties.

We can gather evidence, call on accident reconstruction experts, and work with medical experts that can explain how the injury wounds were caused by the accident. We will zealously pursue your wrongful death recovery.

May family files lawsuit in fatal DWI, FayObserver.com, May 16, 2008

North Carolina Drunk Driving Law, About.com

North Carolina Drunk Driving Statistics, Alcohol Alert.com

Continue reading "North Carolina Family Files Wrongful Death Lawsuit Against City of Fayetteville, Drunk Driver, and Several Others After Daughter is Killed in DWI Motor Vehicle Accident" »

In North Carolina, the Granville County family of 18-year-old Linsey Lunsford and her 9-year-old sister Maggie are suing the town of Franklinton, Police Officer Michael Dunlap, Police Chief Ray Gilliam and Police Lt. John Green for their wrongful deaths.

According to the North Carolina Highway Patrol, the two sisters died after suspect Guy Christopher Ayscue crashed head-on into their vehicle while fleeing from Dunlap on December 1. Ayscue also died in the deadly auto collision.

Officer Dunlap says the chase began because he tried to apprehend Ayscue, who was driving erratically. Ayscue also reportedly had a criminal record, which included convictions for driving violations, drug and alcohol infractions, assault with a deadly weapon, and robbery.

Investigators say the police chase was going as fast as 90 mph in a 50 mph zone. The 15-mile police chase began on NC Highway 56 and ended on US Highway 15. The wrongful death lawsuit alleges that Dunlap may have been driving as fast as 103 mph at one point.

Franklinton police policy states that police officers engaged in suspect pursuits can at no time drive faster than 20 miles above the posted speed limit. Officer Dunlap was placed on administrative leave after the crash but returned to patrolling the streets in February.

If someone you love has died in a motor vehicle collision caused by another party’s negligence, contact our North Carolina personal injury law firm right away to schedule you free consultation.

In 2003, the National Highway Traffic Safety Administration says that over the past decade, over 3,000 people died because of police car chases. Of the 365 police car chase fatalities in 2001, 140 of the victims were not even directly involved in the actual pursuit. Federal statistics reveal that 40% of police car chases result in motor vehicle accidents.

Our North Carolina wrongful death law firm has the experience and resources to handle even the most complex wrongful death cases. We can help you recover compensation for your losses.

Family Sues Cop, Suspect's Estate in Chase Crash that Killed Sisters, WRAL.com, May 21, 2008

Sisters, Suspect Die in High-Speed Police Chase, NC Wanted, December 1, 2007

Police pressured to call off chase, USA Today, January 1, 2008

Related Web Resources:

The Lawsuit (PDF)

Franklinton Police Pursuit Policy (PDF)

Continue reading "North Carolina Family Sues Franklinton Police Officer For Wrongful Death of Two Daughters in Car Accident Involving Police Car Chase" »

The family of a man who died after he was implanted with a cardiac defibrillator is suing Boston Scientific for his wrongful death. They allege that the defibrillator was defective and caused his death. Boston Scientific used to be called Guidant Corp. Also named as defendants in the products liability lawsuit are Guidant Puerto Rico Corp. and Guidant Sales Corp.

Joseph Robert was implanted with an Implantable Cardioverter Defibrillator (ICD), a Medtronic InSync Sentry defibrillator with Guidant leads, on October 26, 2000. This device is designed to monitor the person’s heart and when there is rapid, abnormal heart rhythm, the ICD is supposed to send energy to the heart muscle so that the heart can beat at a normal rate again.

In 2005, Roberts was admitted to a hospital for an ICD upgrade to a Vitality 2 biventricular automatic implantable cardioverter-defibrillator. His original ICD was being replaced because it had been found defective and dangerous. Roberts died nearly three weeks after the second device was implanted.

Patsy Roberts, one of the plaintiffs in this products liability wrongful death case, says that in 2007, she found out that Boston Scientific recalled the Vitality 2 because it was considered dangerous and defective also.

The plaintiffs claim that the defendants were grossly negligent and engaged in fraud, misrepresentation, breach of express warranties, breach of continuing duty to warn, breach of implied warrant of fitness, and breach of warrant of merchantability. They also say that the defendants violated the Texas Deceptive Trade Practices-Consumer Protection Act.

They are asking for damages for Joseph’s pain, suffering, and mental trauma before he died, as well as for their own pain and suffering, loss of consortium, loss of affection, grief, and other associated costs.

In North Carolina and South Carolina, our defective medical device lawyers have represented victims and their families whose lives have been catastrophically affected by a defective Guidant cardiac defibrillator. We believe that manufacturers of defective medical devices and the other liable parties should be held financially liable for your pain, suffering, and associated costs.

Wrongful death suit filed against Boston Scientific over cardiac defibrillator, Southeast Texas Record, April 21, 2008

Sudden Cardiac Deaths, Get the Facts 2006, AmericanHeart.org

Related Web Resources:

Boston Scientific

FDA: Some Guidant Defibrillators Recalled, WebMD, June 17, 2005

Continue reading "Boston Scientific Sued for Wrongful Death Caused By Defective Cardiac Defibrillator" »

The North Carolina Medical Board wants doctors in the state to list online any medical malpractice settlements that they’ve been involved in. Data would include the doctor’s name and the settlement—although the amount of the settlement would not be published. The doctor would also be given the option of posting an explanation for the settlement. The information would remain on the doctor’s profile for seven years.

North Carolina Doctor groups have expressed concern that while they agree that medical malpractice verdicts or notice about whether a doctor has had his practicing privileges revoked should be made available to the public, they don’t think that information about medical malpractice settlements should be published.

North Carolina Medical Society President Dr. Hadley Callaway has suggested that the board investigate the legal settlements first—and if substandard care is proven, then only then should the settlements be listed.

He says that doctors may want a chance to make their case before the NCMB and that just because they settled doesn’t mean they provided poor medical care. Callaway expressed concern that listing explanations for settlements could sound like the doctors were making excuses.

Allowing settlement information to be available to the public could also lead to more lawsuits going forward because doctors may be less willing to settle any medical malpractice claims.

Another doctor, North Carolina Academy of Family Physicians Christopher Snyder says that this proposed rule is unfair. He says that some doctors choose to settle because of pressure from insurance companies and not because they have done anything wrong. However, it is ultimately up to the NCMB to decide whether the information will be posted.

If you have been seriously injured because a hospital, a doctor, or another health care provider was negligent or careless when providing you with medical care, contact our North Carolina medical malpractice law firm to discuss your case.

N.C. Medical Board may put malpractice settlement info online, Triangle Business Journal, April 25, 2008

Malpractice Settlement Data Could Go Online in North Carolina, IHealthBeat.org, May 5, 2008

Related Web Resource:

North Carolina Medical Board

Continue reading "North Carolina Doctor Groups and N.C. Medical Board Disagree on Whether Medical Malpractice Settlements Should Be Made Public " »

In Catawba County, North Carolina, two Longview police officers were injured after falling through a roof. The men were inspecting what they thought was a break-in at a roofing equipment and tools company E.L. Hilts & Co.

The two officers saw that the gate to the building was unlocked and a ladder was leaning against the building. One man climbed the ladder and fell through the roof. The other officer fell soon after. There apparently were two fiberglass-like skylights that had been painted over to match the color of the roof and the men had stepped on them.

One officer sustained serious head injuries from falling 20 feet. He was taken to Winston-Salem by airlift where he was admitted to Baptist Medical Center. The second police officer landed on the banister of a stairwell and his injuries were not as serious. He was taken to a Hickory hospital and later released.

Longview police later discovered that an employee that worked for the company had left the ladder against the building and forgot to lock the gate.

It is the responsibility of all North Carolina property owners to make sure that any hazardous conditions are removed from the premise so that patrons, visitors, employees, residents, or guests are safe from serious harm. In the event that there is an unsafe condition that exists on the premise, property owners must provide proper warning and take the correct safety precautions so that serious injuries and deaths are prevented.

Please contact our North Carolina premises liability law firm to discuss the specifics of your injury case.

Fall accidents, especially from elevated heights, can lead to serious injuries, including spinal cord injuries, traumatic brain injuries, massive organ injuries, permanent disabilities, and wrongful death. You may be able to file a claim or lawsuit against a negligent party. You will increase your chances of obtaining a successful financial recovery by retaining the services of an experienced North Carolina premises liability lawyer.

Falls through skylights injure 2 officers, Charlotte.com, May 8, 2008

Fall through roof injures officer, Hickoryrecord.com, May 7, 2008

Continue reading "Two North Carolina Police Officers Are Injured After Falling Through Building Skylights" »

The National Highway Traffic Safety Administration has dubbed the month of May as Motorcycle Safety Awareness Month to promote motorcycle safety and road sharing between motorcyclists and other drivers.

The national safety campaign comes less than a week after the end of North Carolina’s Motorcycle Safety Awareness Week, which took place from April 21 to April 25.

The statewide and national safety awareness campaigns couldn’t come at a better time. The North Carolina Division of Motor Vehicles says that motorcycle deaths have risen—183 rider deaths last year compared to 61 motorcyclist fatalities in 1997.

Motorcycles account for only 1.96% of all registered motor vehicles in North Carolina, but make up nearly 12% of all traffic deaths. There are 500,000 licensed drivers in North Carolina with either a motorcycle learner’s permit or endorsement.

Promoting motorcycle safety is essential—especially as motorcycle accidents often lead to serious injuries and fatalities. Just lat month, a Guilford County school bus driver was charged with misdemeanor death by motor vehicle. She accidentally struck a motorcyclist when she failed to stop before driving through an intersection.

In North Carolina and South Carolina, our motorcycle accident law firm has helped many motorcycle victims and their families recover personal injury compensation.

Many motorcycle accidents occur because motorists fail to see the motorcycles on the roads with them. Driver inattention, inexperience, and drunk driving are also common causes of motorcycle crashes.

As your personal injury representation, our North Carolina motorcycle accident law firm can deal with all aspects of your personal injury case for you.

School Bus Driver Charged In Motorcycle Crash Death, WXII12.com, April 22, 2008

May is Motorcycle Safety Awareness Month, AAMVA.org, March 31, 2008

Related Web Resources:

Gov. Easley Proclaims April 21-25 Motorcycle Safety Awareness Week, WNCT.com, April 21, 2008

National Highway Traffic Safety Administration

Continue reading "Return of North Carolina Motorcyclists In Spring Followed By Motorcycle Safety Awareness Month" »